B 26-0664 — Certified Business Enterprise Program Compliance and Enforcement Support Emergency Amendment Act of 2026

2ENROLLED CouncilmemberORIGINAL WendellAN FelderACT 4 6 8 A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend, on an emergency basis, the Small and Certified Business Enterprise Development and Assistance Act of 2005 to require a business applying for certification as a local business enterprise to be independently owned and operated, to amend minimum certified business enterprise performance requirements in a certified joint venture, and to establish uniform hearing procedures for enforcement actions.

“(7) “Economically disadvantaged individual” means an individual who owns at least a 51% interest in a business enterprise and whose personal net worth does not exceed the limits set by the federalUnited States Department of Transportation, pursuant to 49 CFRC.F.R. § 26.68.” (2) Paragraph (8A) is amended to read as follows:

“(8A)§ Equity26.68.”. impact enterprise” means a business enterprise that is a resident- owned business, small business enterprise, and disadvantaged business enterprise.” (3) Paragraph (9) is redesignated as paragraph (8B).

(2) Paragraph (8A) is amended to read as follows:

“(8A) “Equity impact enterprise” means a business enterprise that is a resident- owned business, small business enterprise, and disadvantaged business enterprise.”.

(3) Paragraph (9) is redesignated as paragraph (8B).

“(10B) “Independently owned and operated” means that the business enterprise ENROLLED ORIGINAL manages and controls its day-to-day operations without being subject to control, restriction, modification, or limitation by another business enterprise or not-for-profit business that has an ownership or other financial interest in the business enterprise.”.

(7) ParagraphA (13B)new paragraph (13A-i) is redesignatedadded asto paragraphread (13C).as follows:

(8)“(13A-i) A“Person” newmeans paragraphany (13B)individual, isfirm, addedpartnership, tojoint readventure, asgeneral follows:partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, unincorporated business, company, syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee, fiduciary, or entity of any kind.”.

“(13B) “Person” means any individual, firm, partnership, joint venture, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, unincorporated business, company, syndicate, estate, trust, business trust, trustee, trustee in bankruptcy, receiver, executor, administrator, assignee, fiduciary, or entity of any kind.”.

Official Code § 2-218.46(b)(2)(A)) is amended by striking the phrase “the certified business enterprise perform at least 35% of the contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracted effort shall be with certified business enterprises.” and inserting the phrase “each certified business enterprise holding a majority or minority interest in the certified joint venture shall, with its own organization and resources, perform a percentage of the work equal to reador asgreater follows:than its percentage interest in the joint venture, and, if the certified joint venture subcontracts, at least 35% of the subcontracted effort shall be with certified business enterprises.” in its place.

“(2)(A) Each government-assisted construction and non-construction contract for which a certified joint venture is selected as a beneficiary and is granted points or a price reduction pursuant to section 2343 or is selected through a set-aside program under this subpart shall include a requirement that each certified business enterprise holding a majority or minority interest in the certified joint venture shall, with its own organization and resources, perform a percentage of the work equal to or greater than its percentage interest in the joint venture, and, if the certified joint venture subcontracts, at least 35% of the subcontracted effort shall be with certified business enterprises.”.

(1) Subsection (c) is amended by striking the phrase “, in accordance with procedures set forth in subsection (e) of this section,”.section, that” and inserting the word “that” in its place.

If the ENROLLED ORIGINAL Department dismisses a formal complaint as frivolous or otherwise without merit, the Department shall prepare a report that includes:

99 “(6) The Department shall maintain a record listing all formal complaints, which shall contain:

“(3) If a hearing is requested, the Office of Administrative Hearings shall consider thesuch matterhearing pursuant to section 19 of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C.

Official Code § 2-1831.16),2-1831.01 et seq.), and the rules issued pursuant to it.

ENROLLED ORIGINAL “(5) Notice of a final suspension or revocation of a certification shall be published on the Department’s website.

“(ii) If a business enterprise or joint venture timely requests a hearing on a summary suspension, the Office of Administrative Hearings shall conduct the hearing within 14 days after receiving the request, unless a longer period of time is agreed to by the business enterprise or joint venture, and the Office of Administrative Hearings shall issue a decision within 14 days after the record of the hearing closes.”.

Applicability.

This act shall apply as of March 29, 2026.

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Applicability.

This act shall apply as of March 29, 2026.

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ENROLLED ORIGINAL This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 5